Montesquieu's Constitutional Doctrine of Power Separation

The Political Meaning of Montesquieu's Separation of Powers

In what sense is the political-constitutional division of powers understood? Here we examine Montesquieu's views, focusing on:

• Division of powers in constitutional bodies.
• Relationship between organic and social forces.

The discussion revolves around two key terms: Social Forces and political power held by the state.

Montesquieu's Model: Powers and Social Forces

Montesquieu, modeling his ideas after the eighteenth-century English constitution, refers to three powers and corresponding social forces:

• King (Executive)
• The House of Lords (Aristocracy)
• The House of Commons

These powers establish the political game, where the legislative function highlights two fundamental aspects concerning the principle of power creation. Consequences include:

The Political Game and Legislative Balance

• Social forces, represented by the constitutional bodies, highlight the necessity of the political game. This interaction between forces acts as a balancing mechanism among the three branches, which Montesquieu understood as real social forces operating in the legislative field. The three powers must agree, negotiate, and moderate their positions to create effective law.
• There must be a counterbalance between these powers and social forces. If legislation fails to incorporate the interests of external forces or social groups, the logical consequence is that the resulting law will not take into account those excluded interests.
• Interests not represented in Parliament will seek to defend themselves through other means. The most logical outcome is action “by way of the facts” (direct action or conflict).

Avoiding Social and Political Conflict

Montesquieu sought to avoid two major social and political problems:

• In the Social Field: If resulting legislation serves only the interests of a specific sector of society, it risks breaking the social fabric by excluding other areas represented by different social forces.
• In the Political Field: Lack of representation in parliamentary activity risks a breakdown of communication between social forces. If the system serves only certain interests, it can lead to societal fractures, similar to those experienced after the rise of the liberal state.

This necessitates that social forces act within the framework of the constitution itself, thereby mitigating problems related to specific laws and avoiding political antagonisms that might otherwise lead to the destruction of opposing factions.

The Principle of Restraint

Montesquieu's discussion of the division of powers incorporates the principle of restraint. This principle ensures that different sectors or social forces participate in constitutional bodies, forcing them not only to reach agreements but also to align their actions with the general interest. Naturally, within this framework, the strength of the House of Commons acts as the primary engine for achieving these agreements, gradually developing the liberal principles outlined initially.